Minutes_Zoning Board of Adjustment_01.26.23Copyrighted
February 20, 2023
City of Dubuque Consent Items # 01.
City Council Meeting
ITEM TITLE: Minutes and Reports Submitted
SUMMARY: City Council Proceedings of 1/30/23 and 2/6/23; Equity and Human
Rights Commission of 8/8/22, 9/12/22, 11/14/22, and 12/12/22; Historic
Preservation Commission of 1/19/23; Library Board of Trustees of
10/27/22, 11/16/22, and 12/15/22; Library Board of Trustees Update of
1/26/23; Zoning Advisory Commission of 2/1/23; Zoning Board of
Adjustment of 1/26/23; Proof of publication for City Council Proceedings
of 1/17/23 and 1/30/23.
SUGGESTED Suggested Disposition: Receive and File
DISPOSITION:
ATTACHMENTS:
Description Type
City Council Proceedings 1/30/23 Supporting Documentation
City Council Proceedings 2/6/23
Equity and Human Rights Commission of 8/8/22
Equity and Human Rights Commission of 9/12/22
Equity and Human Rights Commission of 11/14/22
Equity and Human Rights Commission of 12/12/22
Historic Preservation Commission of 1/19/23
Library Board of Trustees of 10/27/22
Library Board of Trustees of 11/16/22
Library Board of Trustees of 12/15/22
Library Board of Trustees Update of 1/26/23
Zoning Advisory Commission of 2/1/23
Zoning Board of Adjustment of 1/26/23
Proof of Publication for City Council Proceedings of
1/17/23
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Proof of Publication for City Council Proceedings of Supporting Documentation
1/30/23
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MINUTES
CITY OF DUBUQUE ZONING BOARD OF ADJUSTMENT
REGULAR SESSION
5:3 0 p.m.
Thursday, January 26, 2023
City Council Chambers, Historic Federal Building
Board Members Present: Chairperson Jonathan McCoy, Board Members Keith
Ahlvin, Bethany Golombeski, Gwen Kosel and Matt Mauss.
Board Members Excused: none
Board Members Unexcused: none
Staff Members Present: Shena Moon, Travis Schrobilgen and Jason Duba
CALL TO ORDER: The meeting was called to order by Chairperson McCoy at 5:30 p.m.
MINUTES: Motion by Kosel, seconded by Golombeski, to approve the minutes of the
December 15, 2022 Zoning Board of Adjustment meeting as submitted. Motion carried
by the following vote: Aye — Ahlvin, Golombeski, Kosel and Mauss; Nay — None; Abstain
— McCoy.
DOCKET — 01 -23: Application of Scott Hemesath, 2235 Cherry Street to store a vehicle
2'from the east side property line where 6' is required in an R-1 Single Family Residential
zoning district.
Scott Hemesath, 2235 Cherry Street, spoke in favor of the request. He explained that he
has a concrete parking slab, and he recently learned it wasn't legal for him to park that
close to the property line. His neighbors approve of him parking there, though.
Neil Schlader, 1717 Avoca Street, stated that he lives next door and has no problem with
Scott parking there.
Staff Member Moon detailed the staff report noting that this case came from the Zoning
Enforcement Officer. She explained that there is an existing concrete pad, but storage in
this location is not permitted by right because it does not meet the 6' side setback
requirement. Moon recommended conditions that the pad be at least the size of the
vehicle, hard surfaced, and that if it's regularly accessed, a hard surfaced driveway would
be required. She noted supporting letters from neighbors at 1740 Asbury Road and 1735
Avoca Street.
Chairperson McCoy explained the recommended conditions to Mr. Hemesath who stated
that he accepted them.
Zoning Board of Adjustment Minutes
January 26, 2023 Page 2
Board Member Mauss asked about the driveway that is used to access the pad, and Mr.
Hemesath explained that it is a gravel driveway shared with the neighbors at 1735 Avoca
Street. Board member Mauss noted that since it is a shared driveway and conditions
would not change, he saw no issues with the request.
Board Member Kosel asked if Mr. Hemesath inherited the pad with the house or installed
it himself. Mr. Hemesath explained that he installed it years ago but didn't realize there
was a specific setback requirement for storage of a vehicle.
Motion by Mauss, seconded by Golombeski, to approve the request with the following
conditions:
1. The vehicle storage location be hard surfaced.
2. The vehicle storage area be built to the outside dimensions of the vehicle being
stored.
3. If accessed regularly, a hard surface driveway is required.
Motion carried by the following vote: Aye — AhIvin, Golombeski, Kosel, Mauss and
McCoy; Nay — None.
DOCKET — 02-23: Application of Tim Mueller, 2901 Hillcrest Road to enclose a lean-to
structure where an open design was conditioned as part of a previously approved Special
Exception.
Tim Mueller, 2901 Hillcrest Road, spoke in favor of the request. He explained that he
received a Special Exception for a lean-to, and it was approved with the condition that it
would remain of an open design. Now, however, his wife wants to close it in, so he's
requesting to allow it to be enclosed.
Staff Member Schrobilgen detailed the staff report noting the previous Special Exception
in November approved the lean-to with the condition that it remain open. He explained
that the applicant began to enclose it and then called to verify whether he could continue.
Once staff noted the requirement to get another Special Exception the applicant
submitted the necessary application and fees. Staff member Schrobilgen noted that the
property is larger than most other lots in the area and enclosing the structure should have
little impact on the neighbors or the general public.
Board Member Golombeski asked about the materials to be used and the appearance of
the windows. Mueller explained that the siding would match the barn and the windows
would be similar to the existing windows.
Chairperson McCoy asked about the Special Exception history of the property. Staff
Member Schrobilgen explained the previous approval was to allow the 200-square foot
lean-to, bringing the total area of detached accessory structures to 1,577 square feet. He
noted the footprint of the lean-to is not under review and that a denial would only require
the lean-to to remain of an open design.
Zoning Board of Adjustment Minutes
January 26, 2023 Page 3
Motion by McCoy, seconded by Ahlvin, to approve the request as submitted. Motion
carried by the following vote: Aye — Ahlvin, Golombeski, Kosel and Mauss; Nay — McCoy,
citing Standard B: That the specific proposed exception will not be injurious to the use
and enjoyment of other property in the immediate vicinity for the purposes already
permitted, and will not substantially diminish and impair property values within the
neighborhood.
DOCKET — 03-23: Application of Joshua Jansen, Masterpiece Properties, 1289 Walnut
Street to construct a two-family dwelling on a property with a total site area of 5,400
square feet where 6,000 square feet minimum site area is required in an R-2 Two -Family
Residential zoning district.
Joshua Jansen, 11368 Rock Grove Court, spoke in favor of the request. He explained
that he wants to convert the property to a duplex so it will be easier to manage with college
kids than a four -bedroom unit. Doing this will allow him to renovate the home further.
Staff Member Duba detailed the staff report noting the code -required lot area to be waived
and the other bulk requirements that would remain compliant. He noted the plan to provide
the four code -required off-street parking stalls. He explained other properties in the
neighborhood contain a mix density of housing and so the proposed two-family dwelling
is not anticipated to have negative impacts on the neighborhood or surrounding
development. He noted that R-2A, R-3, and R-4 districts allow two-family dwellings on
less than 6,000 square foot lots, which is reflective of a different density allowance in
those zoning districts.
Board Member Kosel asked about parking and Mr. Jansen explained the parking layout
shown on his site plan. Board Member Golombeski noted that it could be difficult for cars
to turn into that space, and Jansen replied that he may angle the stalls.
Golombeski asked about the size of the smaller unit, and Mr. Jansen noted that it was
more than 600 square feet.
Motion by Mauss, seconded by Kosel, to approve the request with the following
condition:
1. The code -required four hard -surfaced off-street parking stalls be provided on the
subject property.
Motion carried by the following vote- Aye — Ahlvin, Golombeski, Kosel, Mauss and
McCoy; Nay — None.
ITEMS FROM PUBLIC: None
ITEMS FROM BOARD: McCoy asked about the nature of Special Exceptions. Staff
Member Moon explained that Chapter 8 of the UDC allows residential property owners to
apply for a Special Exception for relief from any bulk regulation requirement. Staff
Member Schrobilgen added that Special Exceptions were created for residents and
Zoning Board of Adjustment Minutes
January 26, 2023
Page 4
residences as opposed to requiring a Variance that commercial properties require. He
said the Special Exception has a reduced fee and that they have different criteria from
Variances.
ITEMS FROM STAFF: Staff Member Moon expressed gratitude to Bethany Golombeski
for serving the citizens of Dubuque on this Board since 2015. This was her last meeting
as she is moving to Richmond, Virginia.
Staff Member Moon also noted the Boards and Commissions training coming up on April
24, and it was requested by the Board that an email about this be sent to Board Members.
ADJOURNMENT: Motion by McCoy, seconded by Ahlvin, to adjourn the January 26,
2023 Zoning Board of Adjustment meeting. Motion carried by the following vote: Aye —
Ahlvin, Golombeski, Kosel, Mauss and McCoy; Nay — None
The meeting adjourned at 6:01 p.m.
Respectfully submitted,
Sh6na'Moon, Associate Planner
Adopted